Patna High Court
Ajay MukhiyaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition cannot be entertained until the pending title suit is resolved, and the parties must approach the appropriate civil court.
Summary
Ajay Mukhiya filed a writ petition seeking an order directing the authorities to include land identified as Khata No. 397 (Old), Khesra Nos. 1666 and 1654—described as Gairmajarua Aam Khas (type Pokhar)—in the Water Conservation List and to register it in the Sairat Register, alleging that it is incorrectly shown as Dhanhar. The respondents, including the State of Bihar and various water and revenue officials, filed a counter‑affidavit indicating that a Title Suit (No. 701 of 2023) concerning the same land is pending before the Sub‑Judge, Darbhanga. The Court examined whether the writ could be entertained while the title dispute remains unresolved. It held that the matter must first be agitated before the appropriate civil court handling the title suit. Consequently, the writ petition was disposed of, directing the parties to pursue relief through the pending suit.
Issues considered
- Whether the petitioner is entitled to a writ directing inclusion of the land in the Water Conservation List and its registration in the Sairat Register while a title suit is pending.
Subjects
- water conservation
- land registration
- writ petition
- pending title suit
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22158 of 2018
======================================================
Ajay Mukhiya Son of Shambhu Mukhiya, Resident of Village- Dhanauli
Seema, Police Station- Dhanauli, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Collector-cum-District- Magistrate, Darbhanga.
3. The Deputy Director Water Conservation, District Nodel Officer,
Darbhanga.
4. The District Water Conservation Officer, W.D.T., Darbhanga.
5. The Additional Collector, Darbhanga.
6. The Sub-Divisional Officer, Sadar, Darbhanga.
7. The Circle Officer, Baheri, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan- SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-02-2026 Heard Mr. Vinay Kumar Mishra, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief(s):
“for issuance of an appropriate
writ/writs, order/orders, direction/directions
towards including the land appertaining Khata No.
397 (Old) Khesra No. 1666 and 1654 which is
Gairmajarua Aam Khas, type Pokhar in the Water
Conservation List and to Register it in Government
Patna High Court CWJC No.22158 of 2018(2) dt.03-02-2026
2/2
Sairat Register as the said land belongs to
Gairmajarua Khas but has been showing as
Dhanhar got open a Khata, which is illegal and
unjustified. Further for relief or reliefs for which
petitioner is entitled to in the facts and
circumstances of the case.”
3. The counter-affidavit of respondent nos. 2, 6, 7 and
8, in paragraph-7, records that Title Suit No. 701 of 2023 is
pending before the learned Sub-Judge, Darbhanga.
4. In that background, directing the parties to agitate
the matter before the concerned Court, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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